A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 23-3-462, RELATING TO THE TERMINATION OF SEX OFFENDER REGISTRATION REQUIREMENTS, SO AS TO PROVIDE TERMINATION FOR TIER 1 AND TIER 2 OFFENDERS AFTER A SPECIFIED PERIOD OF TIME FOLLOWING THE COMPLETION OF THE ENTIRE ORIGINAL SENTENCE.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 23-3-462(A)(1) of the S.C. Code is amended to read:

 

    (A) After successful completion of the requirements of this section, an offender may apply to the South Carolina Law Enforcement Division for the termination of the requirements of registration pursuant to this article.  If it is determined that the offender has met the requirements of this section, SLED shall remove the offender's name and identifying information from the sex offender registry and shall notify the offender within one hundred twenty days that the offender has been relieved of the registration requirements of this article.

       (1) An offender may file a request for termination of the requirement of registration with SLED, in a form and process established by the agency:

           (a) after having been registered for at least fifteen years if the offender was required to register based on an adjudication of delinquency or the offender was required to register as a Tier I offender;

           (b) after having been registered for at least twenty-five years, if the offender was convicted as an adult, and was required to register as a Tier II offender;

           (c) an offender who was required to register as an offender because of a conviction in another state or because of a federal conviction may apply to be removed from the requirements of the registry if he is eligible to be removed under the laws of the jurisdiction where the conviction occurred;

           (d) after an offender, who would have been required to register as a Tier 1 offender, has successfully completed his entire original sentence with no subsequent violations and a period of at least fifteen years has expired;

           (e) after an offender, who would have been required to register as a Tier 2 offender, has successfully completed his entire original sentence with no subsequent violations and a period of at least twenty-five years has expired.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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